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CC MARKETPLACE END USER LICENSE AGREEMENT THIS IS A LEGAL AGREEMENT ("License Agreement") between You and CC Marketplace. ("Company"). By creating an account on this system, or by proceeding to download, or purchase any of the products on this site, you thereby signify that you have agreed to all of the terms and conditions set forth below. The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Product.” Scope of License: This license granted to You for the Licensed Product by Application Provider is limited to a non-transferable license to use the Licensed Product on any Computer that You own or control. This license does not allow You to use the Licensed Product on any Computer that You do not own or control, and You may not in any case: (a) separately publish, market, distribute, redistribute, transfer, sell or sublicense any or any part thereof; (b) publish, market, distribute, redistribute, transfer, lease, lend, sell or sublicense Products, renderings, animations, software Products, data or any other product from which any original Products, or any part thereof, or any substantially similar version of the original Products or can be separately exported, extracted, or decompiled into any redistributable form or format, or (c) publish, market, distribute, transfer, sell or sublicense any image created from a Products or as "clip art" or the like, including but not limited to animations or still images that are sublicensed or otherwise distributed by a stock photography or stock animation agency, or in any other manner in which the primary source of value derived from publishing, marketing, distributing, transferring, selling or sublicensing the image is that it is accessible in a manner similar to "clip art." Subject to the foregoing limitations, and the rights, if any, of third parties in or to the objects represented by the Products, you may copy and distribute your animations and renderings derived from the Products. You may not distribute or make the Licensed Product available over a network where it could be used by multiple devices at the same time. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Product, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Product). Any attempt to do so is a violation of the rights of the Product Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Product Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The Products on this site are protected by United States copyright laws, international treaty provisions, and other laws. You may not use, copy, display, modify or distribute the products except in strict accordance with this License Agreement and you agree to comply with all applicable laws and regulations with respect to your use of the Product as authorized hereunder. Company hereby grants to you the following perpetual, worldwide, non-exclusive, non-transferable, non-sublicensable license with respect to its rights in the products: All other rights with respect to the Products and their use are reserved to Company (and its licensors). You may deliver to CC Marketplace Your own EULA for any Licensed Product at the time that You deliver that Licensed Product to CC Marketplace, however, Your EULA must comply with all applicable laws in all countries where You wish CC Marketplace to allow end-users to download that Licensed Product. CC Marketplace shall allow each end-user to which CC Marketplace allows access to any such Licensed Product to review Your EULA (if any) at the time that CC Marketplace delivers that Licensed Product to that end-user, and CC Marketplace shall notify each end-user that the end-user’s use of that Licensed Product is subject to the terms and conditions of Your EULA (if any). In the event that You do not furnish Your own EULA for any Licensed Product to CC Marketplace, You acknowledge and agree that each end-user’s use of that Licensed Product shall be subject to CC Marketplace’s standard EULA. INFRINGEMENT WARRANTY Company warrants to you that, to the best of its knowledge, the digital data comprising the Products do not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was the digital data unlawfully copied or misappropriated from digital data owned by any third party; provided, however, that Company makes no representation or warranty with respect to infringement of any third party's rights in any image, trademarks, works of authorship or object depicted by such Dataset. LIMITATION OF LIABILITY AND WARRANTIES YOU ASSUME THE ENTIRE COST OF ANY DAMAGE, LOSSES OR EXPENSE RESULTING FROM YOUR USE OR EXPLOITATION OF THE PRODUCTS. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE PRODUCTS TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPLICITLY SET FORTH IN THIS LICENSE AGREEMENT, COMPANY AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE DATASETS AND ANY ACCOMPANYING SOFTWARE OR MATERIALS. Some states do not allow limitations on implied warranties, so the above limitation may not apply to you. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF SALES, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR THIRD PARTY CLAIMS) ARISING OUT OF THIS LICENSE AGREEMENT OR THE USE OR INABILITY TO USE THE PRODUCTS OR FOR ANY OTHER REASON, EVEN IF COMPANY AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY AND/OR ITS LICENSORS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR THE DATASETS. Because some States do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. U.S. GOVERNMENT END USERS. The Products are a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Datasets with only those rights set forth herein. THIS LICENSE AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO THAT STATE'S CHOICE OF LAW PROVISIONS. This License Agreement is the entire agreement between you and Company with respect to the PRODUCTS and supersedes any other communications or advertising, whether written or oral, with respect thereto. This License Agreement may not be modified or expanded except in a writing signed by an authorized representative of Company. If any provision of this License Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect, provided that, if any limitation on the grant to you of any right herein is held invalid or unenforceable, such right shall immediately terminate. Should you have any questions concerning this License Agreement, or should you desire to contact Company for any reason, please contact: Attn: Legal Affairs CC Marketplace 6618 Orion Ave Van Nuys, CA 91406
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